How and When to Use Liability Releases and Waivers, Permission Slips and Informed Consent Agreements

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1 How and When to Use Liability Releases and Waivers, Permission Slips and Informed Consent Agreements Nana Nakano, Office of General Counsel John Beisner, Cal State Fullerton

2 What Bob the Builder Can Teach Us About Limiting Liability for Campus and Student Events

3 How and When to Use Liability Releases and Waivers, What Permission a Permission Slips and Informed Slip? Consent Agreements

4 What is an Informed Consent?

5 What is a Waiver or Release of Liability?

6 What is a Hold Harmless Agreement?

7 What is an Assumption of Risk?

8 Can we combine these documents?

9 Release of Liability In consideration for being allowed to participate in this Activity, I release from liability and waive my right to sue the State of California, the Trustees of The California State University, California State University, Fullerton and their employees, officers, volunteers and agents (collectively University ) from any and all claims, including claims of the University s negligence, resulting in any physical injury, illness (including death) or economic loss I may suffer or which may result from my participation in this Activity, travel to and from the Activity (including air travel), or any events incidental to this Activity.

10 Assumption of Risk I am voluntarily participating in this Activity. I understand that there are risks associated with my participation in this Activity, such as physical and/or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, death or economic loss. These injuries or outcomes may arise from my own or other s actions, inactions, or negligence, or the condition of the Activity location(s) or facility(ies). Nonetheless, I assume all risks of my participation in this Activity, whether known or unknown to me, including travel to and from the Activity (including air travel) or any events incidental to this Activity.

11 Hold Harmless I agree to hold the University harmless from any and all claims, loss or damage to my personal property, liabilities and costs, including attorney s fees, as a result of my participation in this Activity, including travel to and from the Activity (including air travel) or any events incidental to this Activity. If the University incurs any of these types of expenses, I agree to reimburse the University.

12 Medical Consent If I need medical treatment as a result of my participation in this Activity, travel to and from the Activity (including air travel), or any events incidental to this Activity, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware that the University does not provide health insurance for me and that I should carry my own health insurance.

13 Understanding and Acknowledgement I am 18 years or older. I have read this document, and I am signing it freely. I understand the legal consequences of signing this document, including (a) releasing the University from all liability, (b) waiving my right to sue the University, (c) and assuming all risks of participating in this Activity, including travel to and from the Activity (including air travel) or any events incidental to this Activity. I understand that this document is written to be as broad and inclusive as legally permitted by the State of California.I agree that if any portion is held invalid or unenforceable, I will continue to be bound by the remaining terms.

14 Minors I am the parent or legal guardian of the Participant. I have read this document, and I am signing it freely. I understand the legal consequences of signing this document, including (a) releasing the University from all liability on my and the Participant s behalf, (b) waiving my and the Participants right to sue, (c) and assuming all risks of the Participant s participation in this Activity, travel to and from the Activity (including air travel), or any events incidental to this Activity. I allow Participant to participate in this Activity. I understand that I am responsible for the obligations and acts of Participant as described in this document. I agree to be bound by the terms of this document.

15 Model Release of Liability Release of Liability Assumption of Risk Hold Harmless Medical Consent Understanding and Acknowledgement Minors Description of Activity

16 Owner's Manual When should I use a permission slip? When should I use an informed consent? When should I use a release? How should I describe the activity involved? Does the release have to provide specific information about the types of risks associated with the activity? When should I have the release signed?

17 Owner's Manual (Con t.) May more than one participant/student sign the same release? May I use one release for two or more events? What happens if someone refuses to sign or attempts to modify the release? What if the participants is a minor (under the age of 18)? What if the participant and/or parent/guardian does not speak English? How long should I keep the release?

18 Sometimes Bricks Aren't Enough Conduct a risk assessment Inspect facilities and equipment for safety hazards Train staff in emergency response procedures Train staff and participants on how to properly use facilities and equipment Implement policies and procedures Consider purchasing insurance

19 CSU Release Project Model Release of Liability Handbook Activity Grid

20 Where to get Help Campus University Counsel Campus Risk Manager Nana Nakano, Office of General Counsel, (562)